What can I do if I’m a landlord and have asked my tenants to move out because I have sold my house to my daughter and they have agreed but will not pay the last month’s rent?

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What can I do if I’m a landlord and have asked my tenants to move out because I have sold my house to my daughter and they have agreed but will not pay the last month’s rent?

They had no problem moving out but now they’re refusing to pay rent; they want to use the deposit. However, I have told them no because I know that there is damage to the house. How can I get them to pay?

Asked on February 3, 2016 under Real Estate Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can try to work something out that allows you to enter, assess the damage, and then maybe negotiate a lower rent for the final month.
 
In the absence of an agreement, you simply need to remind them that the contract provides for deposit.  You are not required to give an accounting of the use of that deposit until after the tenant vacates the property.  They are still liable for rent and damages.  If they refuse, you may simply need to give them notice of your intent to pursue eviction procedures to secure their removal and obtain a judgment for the last payment due.


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